Los Angeles Unified School District v. Garcia

741 F.3d 922, 2014 WL 296095, 2014 U.S. App. LEXIS 1745
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 28, 2014
DocketNo. 10-55879
StatusPublished

This text of 741 F.3d 922 (Los Angeles Unified School District v. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles Unified School District v. Garcia, 741 F.3d 922, 2014 WL 296095, 2014 U.S. App. LEXIS 1745 (9th Cir. 2014).

Opinion

OPINION

PER CURIAM:

When a student between the ages of 18 and 22 who is eligible for special education services in California is incarcerated in a county jail, who pays the cost of those services? The school district of the student’s parent’s residence? The county in which the jail is located? The State of California? To find out, we certified a question of California law — -specifically, the interpretation of California Education Code section 56041 — to the Supreme Court of California. L.A. Unified Sch. Dist. v. Garcia, 669 F.3d 956 (9th Cir.2012).

On December 12, 2013, the California Supreme Court gave its answer: The cost of the student’s education is borne by the school district where the student’s parent resides. L.A. Unified Sch. Dist. v. Garcia, 58 Cal.4th 175, 165 Cal.Rptr.3d 460, 314 P.3d 767 (2013). The facts of the case are detailed in our order certifying the question to the California Supreme Court, 669 F.3d at 958-59, and in the California Supreme Court’s opinion, which is attached as an appendix to this opinion. The district court had affirmed a 2009 decision of the California Office of Administrative Hearings that the Los Angeles Unified [923]*923School District was responsible for providing special education services to Michael Garcia. Because the district court’s ruling is consistent with California Supreme Court’s answer to the certified question, its judgment is AFFIRMED.

APPENDIX

IN THE SUPREME COURT OF CALIFORNIA

LOS ANGELES UNIFIED SCHOOL DISTRICT, Plaintiff and Appellant,

v.

MICHAEL GARCIA, Defendant and Respondent.

S19963

9th Cir. No. 10-55879

In California, an individual with a disability who is between 18 and 22 years of age and has not yet earned a regular high school diploma is entitled to continue to receive special education and related services, even while incarcerated in a county jail, so long as certain prerequisites have been satisfied. (Ed.Code, § 56040, subd. (b); see id., §§ 56000, 56026, subd. (c)(4); all unlabeled statutory references are to the Education Code.) Like the other states that receive substantial federal funds for special education and related services, California’s policies and procedures governing special education programs must conform to the requirements of the federal Individuals with Disabilities Education Act (hereafter IDEA), and the federal regulations that implement and clarify its provisions. (20 U.S.C. § 1400 et seq.; 34 C.F.R. §§ 300.100-300.176 (2013).) But Congress has left it to each state to determine which public entity within the state is responsible for providing special education and related services to its eligible pupils, including those incarcerated in county jail.

One of the provisions in California’s special education scheme that designates the entity responsible for providing a special education program is section 56041. We granted the request of the United States Court of Appeals for the Ninth Circuit to answer the following question of California law, as reformulated by this court: Does California Education Code section 56041, which provides generally that for qualifying pupils between the ages of 18 and 22 years, the school district where the pupil’s parent resides is responsible for providing special education and related services, affix responsibility for providing special education to a qualifying individual who is incarcerated in a county jail? (Cal. Rules of Court, rule 8.548(f)(5).)

We answer that question “Yes.” As we shall explain, although section 56041 does not by its terms specifically address county jail inmates, the statutory language is broad enough to encompass special education programs for eligible county jail inmates between the ages of 18 and 22 years, and no other statute explicitly assigns responsibility for the provision of special education to such individuals. Applying the terms of section 56041 to assign responsibility in this setting is consistent with the purposes of the statute and the special education scheme as a whole, and does not create absurd or unworkable results.

Factual and Procedural Background

Michael Garcia was born in June 1990. His mother has resided in the City of Bell, in Los Angeles County, from before Garcia’s birth until the present time. Garcia first became eligible for special education services in the second grade, when he was identified as having specific learning deficiencies as well as speech and language impairment. His “district of residence,” the Los Angeles Unified School District [924]*924(LA. Unified), provided the special education program in his early years. (See § 48200; Union School District v. Smith (9th Cir.1994) 15 F.3d 1519, 1525, fn. 1 [the compulsory education residency rule for children ages 6 through 18 also determines the local educational agency responsible for providing a special education program].) When Garcia was 15 years old, he left L.A. Unified and enrolled in the Sole-dad Enrichment Action Charter School, chartered by the Los Angeles County Office of Education, which provided him with a special education program. (See §§ 47640, 47641.)

Thereafter, sometime before Garcia’s 16th birthday, he was arrested on felony charges and held at the Barry J. Nidorf Juvenile Hall in Los Angeles County. While Garcia was being detained in the juvenile facility, he was provided a special education program by the Los Angeles County Office of Education, which, by statute, is the entity responsible for providing general and special education in the county’s juvenile court schools. (See §§ 48645.2, 56150.) Like L.A. Unified, the Los Angeles County Office of Education determined that Garcia was eligible for special education and related services due to his specific learning disability and speech and language impairment. In June 2008, when Garcia turned 18 years old, he was transferred from the juvenile facility to the Los Angeles County Jail to await trial.

In December 2008, counsel from the Disability Rights Legal Center filed on behalf of Garcia and other similarly situated individuals a request for a due process hearing before the California Department of General Service’s, Office of Administrative Hearings, Special Education Division (OAH), alleging that Garcia and others like him were being denied a free appropriate public education (hereafter sometimes FAPE), as required by the IDEA, because there was no system for delivering special education services for eligible inmates in the Los Angeles County jail. (See 20 U.S.C. § 1415(f); 34 C.F.R. § 300.151-300.153; CaLCode Regs., tit. 5, §§ 3080, 3082, 4610.) The request named as defendants the Los Angeles County Sheriffs Department, the County of Los Angeles, the Los Angeles County Office of Education, the California Department of Education, and other educational and public entities and officials.

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Bluebook (online)
741 F.3d 922, 2014 WL 296095, 2014 U.S. App. LEXIS 1745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-unified-school-district-v-garcia-ca9-2014.